Law: Anti Terrorism Act, 1997

Section: 6,7,12,23

Law: Pakistan Penal Code, 1860

Section: 147,148,149,302,324,000,000

Law: Criminal Procedure Code (V of 1898)

Section: 161,173

(a) Anti -Terrorism Act (XXVII of 1997)--- ----Ss. 6 & 12--- Criminal Procedure Code (V of 1898), S. 173---Jurisdiction of Anti-terrorism court---Determination---Scope---While deciding the issue of jurisdiction, courts were required to examine FIR, statements recorded under S. 161, Cr.P.C., mashirnamas and other documents available with the prosecution. Kashif Ali's PLD 2016 SC 951 rel. (b) Penal Code (XLV of 1860)--- ----Ss. 302, 324, 379, 504, 147, 148 & 149---Anti-Terrorism Act (XXVII of 1997), Ss. 6, 7 & 23---Qatl-i-amd, attempt to commit qatl-i-amd, theft, intentional insult with intent to provoke breach of peace, rioting, rioting armed with deadly weapons, unlawful assembly, act of terrorism---"Terrorism"---Scope---Petition for transfer of case from Anti-Terrorism Court to ordinary criminal court, dismissal of---Petitioners contended that previous enmity existed between the parties and there was compromise between the parties and complainant admitted the compromise and had no objection for the transfer of present case to the ordinary court, enabling them to file application for compromise and resolve their issue on permanent basis---FIR did not disclose enmity between the parties---Validity---Record showed that motive of the incident was, prima facie, old blood-feud between the parties, which had always been considered as one of the circumstances to bring a case out of scope of "terrorism"---Normally, in such like matter, the prime object was always to settle personal score rather than creating a sense of terrorism---Question of jurisdiction was not to be dependent upon consent or wish of a party but was to be decided/determined on defined criterion---Act of compromise for promoting harmony between two parties was worth appreciating but that alone would never be decisive for determining question of jurisdiction of Special Court---Record transpired that fact of old enmity/private vendetta was deliberately concealed by complainant so as to give jurisdiction to special court, hence in such eventuality no objection, given by complainant at such stage, might be taken as one of the circumstances for determining jurisdiction---Exceptions defined for…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492